What does it check?
This check establishes if an individual has a criminal record and whether he or she is banned from exercising of a profession, undertaking certain activities, or visiting certain locations for the purposes of protecting children and vulnerable adults.
This check provides two certificates: what are referred to as an Excerpt from the Criminal Record Register and a Special Excerpt from the Criminal Record Register. The Excerpt from the Criminal Record Register provides all convictions relating to indictable and summary offences committed as an adult, until the expiry of certain periods of time. The Special Excerpt from the Criminal Record Register provides only convictions comprising a judgment imposing: • a ban prohibiting the exercising of a profession, • a judgment prohibiting certain activities from being undertaken, • a judgment prohibiting contact, or • a judgment prohibiting the individual from visiting certain locations for the purposes of the protection of minors or other persons requiring special protection, insofar as said prohibitions remain in force. These convictions will appear on the special private extract for as long as they remain in effect. Please note that bans are suspended during any custodial sentence or other measure restricting the individual’s personal liberty, i.e. the ban only takes effect once the convicted offender has been released. In other words, the duration of the ban is extended by the duration of any non-suspended custodial sentence or other measure restricting liberty. This provides information on whether or not a given individual is banned from activities involving minors or vulnerable adults, or from having contact with them. The special extract is intended to protect minors and vulnerable adults more effectively against sexual offences and domestic violence committed by individuals who have been convicted of such offences. The Special Excerpt, and therefore this check, can only be used for individuals who are in regular contact with minors or vulnerable adults. Examples of relevant activities are a trainer at a children's sports club, a care worker at a children's day-care centre, a primary school teacher, nursing staff in a home for the elderly or disabled, etc. The Swiss Register of Criminal Records lists persons who have legally binding convictions against them in Switzerland, as well as Swiss citizens who have legally binding convictions against them abroad. The records cover: - Convictions for felonies or misdemeanours, provided a penalty was imposed - Convictions for contraventions of the law, provided a fine of more than 5,000 Swiss francs was imposed or the individual concerned was sentenced to more than 180 hours of community service - Convictions for contraventions of the law, provided the convicting authority is expressly authorised or obliged by the relevant federal legislation to impose a certain minimum fine, or a further monetary penalty or custodial sentence in addition to a fine if the offence is repeated - Convictions for contraventions of the law, provided a ban on certain types of activity, or a contact prohibition and exclusion order was imposed - Convictions for contraventions of the law, provided they form part of a judgment which must be entered in the Register. A total of 1,160,000 convictions, relating to 798,000 individuals, were entered in the Swiss Register of Criminal Records as of 31 March 2020. In addition, the Register lists persons against whom criminal proceedings for a felony or misdemeanour are pending in Switzerland. Under Swiss criminal law, the following definitions apply: Felonies = Offences that carry a custodial sentence of more than three years Misdemeanours = Offences that carry a custodial sentence of up to three years or a fine Contraventions = Offences that carry a fine only The length of time that entries remain in the Register depends on the sentence that has been imposed. These periods are fixed with the aim of striking a balance between the interest in enforcing the law and protecting society on the one hand, and interest of the individual concerned in achieving complete rehabilitation and reintegration on the other. Convictions are deleted from the excerpt automatically after: 20 years for Non-suspended custodial sentences of over 5 years 15 years for Non-suspended custodial sentences of 1 to 5 years 15 years for Non-suspended custodial sentences of less than 1 year The duration of sentence as per conviction and the duration of custodial sentence already entered are added on top. 10 years for All other sentences: suspended and partially suspended custodial sentences, monetary sanctions, community service, and fines 10 to 15 years for Special ruling in the cases of inpatient treatment, or if outpatient treatment only is ordered. In special rules for national expulsion orders, Conviction remains in the Register until the death of the individual concerned. If the individual was not resident in Switzerland, the entry is removed no later than 100 years from their date of birth. Convictions involving a ban on certain types of activity, or a contact prohibition and exclusion order, are removed ten years after the end of the ban. Once removed from the Register, a conviction may no longer be used against the person concerned. The data that has been removed is not archived, but is destroyed.